Page 275 - Motor Insurance Ebook IC 72

Guide for Motor Insurance

road or highway without taking proper
precaution for its safety.
(4) Defective vehicles. However, latent defects
of which the owner was unaware do not
constitute negligence. The onus is on the
defendant to prove that the vehicle was
defective or unfit.

Q4. Write a short note on Contributory negligence.
Ans. Contributory negligence - Contributory negligence is
the existence of negligence on the part of the affected
third party in respect of motor vehicle accidents. If
the injured person has also contributed to the
accident there is contributory negligence on the
part of the injured. The damages will be reduced
according to the degree of blame attaching to each
person.

Contributory negligence is one of the defences
available to the insured except in case of no fault
liability in respect of motor accident third party claims.
Contributory negligence cannot be attributed to any
child victim.

The result of successfully establishing contributory
negligence on the part of the affected third party is
the reduction of compensation.

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